assize of clarendon

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Assize of Clarendon1166

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Assize of Clarendon 1

Here begins the Assize of Clarendon ade by!ing Henry ""#$ with the assent of ar%hbisho&s$

bisho&s$ abbots$ earls$ and barons of all'ngland#

1# "n the first &la%e the said !ing Henry ordained on

the ad(i%e of all his barons$ for &reser(ing &ea%eand aintaining )*sti%e$ that in+*iry be adethro*gh the se(eral %o*nties and thro*gh the se(eralh*ndreds by twel(e ore lawf*l en of the h*ndredand by fo*r ore lawf*l en of ea%h (ill$ *&on oaththat they will tell the tr*th$ whether in their h*ndredor in their (ill there is any an %ited or %harged as

hi self being a robber or *rderer or thief or anyone who has been a re%ei(er of robbers or *rderersor thie(es sin%e the lord ,ing was ,ing# And let the

)*sti%es in+*ire this before the sel(es and thesheriffs before the sel(es#

-# And he who shall be fo*nd by the oath of the

aforesaid %ited or %harged as ha(ing been a robber or *rderer or thief or a re%ei(er of the sin%e thelord ,ing was ,ing$ let hi be arrested and go to the

)*dg ent of water$ and let hi swear that he wasnot a robber or *rderer or thief or a re%ei(er of the sin%e the lord ,ing was ,ing$ to the (al*e of fi(e shillings so far as he ,nows#

.# And if the lord of hi who was arrested or hissteward or his en de and hi by &ledge withinthe third day after his arrest$ let hi be gi(en *& andhis %hattels *ntil he a,e his law#



Assize of Clarendon -

/# And when a robber or *rderer or thief or there%ei(ers of the be arrested thro*gh the aforesaidoath$ if the )*sti%es are not to %o e +*ite soon intothe %o*nty where the arrests ha(e been ade$ let thesheriffs send word by so e intelligent an to oneof the nearer )*sti%es that s*%h en ha(e beenta,en0 and the )*sti%es shall send ba%, word to the

sheriffs where they wish to ha(e the en bro*ght before the 0 and the sheriffs shall bring the before the )*sti%es0 and also they shall bring withthe fro the h*ndred and the (ill where the arrestsha(e been ade two lawf*l en to %arry the re%ordof the %o*nty and h*ndred as to why the en werearrested$ and there before the )*sti%es let the a,e

their law#

# And in the %ase of those who are arrested by theaforesaid oath of this assize no one is to ha(e %o*rtor )*sti%e or %hattels ex%e&t the lord ,ing in his%o*rt before his )*sti%es$ and the lord ,ing shallha(e all their %hattels# 2*t as to those who ha(e

been arrested otherwise than by this oath$ let it be asit is a%%*sto ed and o*ght to be#

6# And let the sheriffs who ha(e arrested the bringthe before the )*sti%e witho*t any other s* onsthan they shall ha(e fro hi # And when robbers$

*rderers$ thie(es$ or their re%ei(ers$ who ha(e

been arrested thro*gh the oath or otherwise$ aret*rned o(er to the sheriffs$ they are forthwith tore%ei(e the witho*t delay#

3# And in the se(eral %o*nties where there are no )ails$let the be ade in a boro*gh or in so e %astle of



Assize of Clarendon .

the ,ing at the ,ing4s ex&ense and fro his wood if it is near$ or fro so e neighboring wood$ on theesti ation of the ,ing4s ser(ants$ to the end that thesheriffs ay ,ee& in the those who ha(e beenarrested by the offi%ers whose f*n%tion it is to dothis and by their ser(ants#

5# Also it is the ,ing4s will that all %o e to the %o*nty%o*rts to a,e this oath$ so that no one stay awayon a%%o*nt of any i *nity whi%h he has or %o*rtor )*risdi%tion whi%h he has held0 b*t they are to%o e to a,e this oath#

# And let there not be any one within a %astle or o*tside a %astle$ or indeed in the honor of 7allingford$ who shall ref*se to let the sheriffsenter his %o*rt or his land to (iew the fran,8&ledgesand to see that all are *nder &ledges0 and let the besent before the sheriffs *nder a free &ledge#

19#And let no one in the %ities or boro*ghs ha(e en or

re%ei(e the into his ho*se$ land$ or )*risdi%tion$who he will not *nderta,e to &rod*%e before the

)*sti%e if they are so*ght0 or else let hi be in fran,8 &ledge#

11#And let there be no one in %ity or boro*gh$ inside or o*tside a %astle$ or in the honor of 7allingford who

shall deny entran%e to the sheriffs into their land or )*risdi%tion for the &*r&ose of arresting those whoha(e been %ited or %harged as being robbbers or

*rderers or thie(es or the re%ei(ers of the $ or o*tlaws or those %ited in a atter to*%hing theforest0 b*t it is %o anded that they hel& the in



Assize of Clarendon /

a,ing the arrest#

1-#And if any one be ta,en who has the s&oil of hisrobbery or theft in his &ossession$ if he bear an illna e and ha(e a notorio*sly bad re&*tation$ andha(e no warrant$ let hi not ha(e law# 2*t if he benot s*s&e%ted on a%%o*nt of what he has in his

&ossession$ let hi go to the water#

1.#And if any one$ in the &resen%e of lawf*l en or theh*ndreds$ a,e %onfession of robbery$ *rder$theft$ or the re%e&tion of those %o itting the $and sho*ld later wish to deny it$ let hi not ha(elaw#

1/#Moreo(er the lord ,ing wills that those who a,etheir law and are +*it thereby$ if they ha(e a (ery

bad re&*tation and are &*bli%ly and s%andalo*slyde%ried on the testi ony of any lawf*l en$ shallforswear the ,ing4s lands$ to the effe%t that withineight days they shall %ross the sea *nless the wind

detain the 0 and with the first wind whi%h theyha(e thereafter they shall %ross the sea$ and theyshall ne(er ret*rn to 'ngland *nless by the gra%e of the lord ,ing0 and there let the be o*tlaws$ and if they ret*rn let the be ta,en as o*tlaws#

1 #And the lord ,ing forbids that any waif$ that is to

say a (agrant or *n,nown &erson$ be gi(en lodgingwith any one ex%e&t in a boro*gh0 and he is not to

be lodged there ex%e&t for one night$ *nless he besi%, while there or his horse$ so that he is able toshow an e(ident ex%*se#



Assize of Clarendon

16#And if he sho*ld stay there ore than one night$ heis to be arrested and held *ntil his lord %o e tostand &ledge for hi $ or *ntil he hi self se%*regood &ledges0 and he who lodged hi is also to bearrested#

13#And if a sheriff send word to another sheriff thaten ha(e fled fro his %o*nty to the other %o*nty

be%a*se of robbery$ *rder$ theft$ or the re%e&tionof those %o itting the $ or for o*tlawry or anoffense against the ,ing4s forest$ let the latter sheriff arrest the 0 and indeed if he find o*t of hi self or thro*gh others that s*%h en ha(e fled into his%o*nty$ he is to arrest and hold the *ntil he ha(e

s*re &ledges for the #

15#And let all the sheriffs a,e a list of all f*giti(eswho ha(e fled fro their %o*nties0 and let the dothis before the %o*nty %o*rts$ and they shall bringthe na es of these en in writing before the

)*sti%es when first they %o e to the $ in order that

they ay be so*ght thro*gho*t all 'ngland and their %hattels seized for the benefit of the ,ing#

1 #And the lord ,ing wills that as soon as the sheriffsre%ei(e the s* onses of the itinerant )*sti%es to be

before the with their %o*nty %o*rts$ they shallasse ble their %o*nty %o*rts and find o*t all who

ha(e re%ently %o e into their %o*nties$ sin%e thisassize0 and they are to send these away *nder &ledges to a&&ear before the )*sti%es$ or else ,ee&the in %*stody *ntil the )*sti%es %o e to the $ andthen &rod*%e the before the )*sti%es#



Assize of Clarendon 6

-9#Also the lord ,ing forbids on,s or %anons or anyonasti% ho*se to re%ei(e any of the lower %lass of

&eo&le as on,$ %anon$ or brother *ntil hisre&*tation be ,nown$ *nless he be si%, *nto death#

-1#Moreo(er the lord ,ing forbids that any one in all'ngland sho*ld re%ei(e into his land or )*risdi%tionor any ho*se of his$ any of the se%t of thosea&ostates who ha(e been ex%o *ni%ated and

branded at Oxford# And if any one re%ei(es the heshall be in the er%y of the lord ,ing0 and the ho*sein whi%h they were shall be %arried o*tside the (illand b*rned# And e(ery sheriff shall ta,e oath to

aintain this$ and he shall %a*se to ta,e the sa e

oath all his inisters and the baron4s stewards$ andall the ,nights and freeholders of the %o*nties#

--#And the lord ,ing wills that this assize be held in his,ingdo as long as it shall &lease hi #

assize of clarendon

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